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47 U.S.C. § 407Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys’ fees

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 209 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a carrier ignores a Commission order to pay money, the person owed it can sue in federal or state court. In that lawsuit, the Commission's findings count as strong evidence, and the person suing doesn't pay court costs unless they lose on appeal. If they win, the court can also make the carrier pay their attorney's fee.

This section lets someone sue to collect on a Commission order the carrier ignored. If a carrier does not pay money it was ordered to pay, within the time the order set, the person who was supposed to be paid can file a lawsuit. They can file in the federal district court where they live, where the carrier's main office is, where the carrier's line runs, or in any state court with general jurisdiction over the parties. The lawsuit must briefly explain why they're owed damages, and include the Commission's order. In federal court, this lawsuit proceeds like any other civil damages suit, with two special rules. First, the Commission's findings and order count as "prima facie evidence" of the facts — meaning the court treats them as true unless the carrier proves otherwise. Second, the person suing does not have to pay court costs, at the district court level or later, unless they lose and it happens on their own appeal. If the person suing ultimately wins, the court must award them a reasonable attorney's fee, added to the costs of the suit that the losing side must pay.
the actual law source: uscode.house.gov ↗public domain

If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the line of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit.

Source credit: (June 19, 1934, ch. 652, title IV, § 407, 48 Stat. 1095.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1095

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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